Vademecum

FoRewoRd
18
thus, the Constitutional Commission of the national Parliament passed a motion on november
20 th , 2002, recognizing the victims of Civil War, repression and exile, and expressly condemning
the Franco regime by stating, that no one can feel themselves legitimated, as it happened in
the past, to use violence in order to impose their political convictions and to enforce totalitarian
regimes contrary to every citizen’s liberty and dignity, which deserves the condemnation and
rejection from our democratic society 18 .
once the Spanish Socialist Party came to power in 2004, several laws were passed concerning
the vindication of historical memory. they were not exempt from polemics, being branded as
opportunist and partisan, a polemic which still subsides in the Spanish public opinion to a
greater or lesser extent. Especially controversial was the case of the so-called Salamanca
papers, a reference to the documentation in the former Civil War General Archive in Salamanca
that should be returned to the Generality of Catalonia by virtue of the law 21/2005 of the
17 th of november 19 .
Another landmark in the vindication of historical memory was the declaration of the year 2006,
on the occasion of the 75 th anniversary of the proclamation of the Second republic and the
70 th anniversary of the beginning of the Civil War, as year of Historical memory as an homage
and recognition to all men and women who perished in the Civil War, or later suffered reprisal
from the francoist dictatorship, for their defense of democratic values and principles, as well
as to those whose efforts in favor of fundamental rights, of defense of public liberties and of
reconciliation among Spaniards, made possible the democratic regime established by the
1978 Constitution 20 .
this process culminated in the passing of the so-called law of Historical memory 21 , whose
aims were the recognition of victims, the declaration of the illegitimacy of Franco’s regime
tribunals and of the sentences they imposed, the improvement of various benefits, measures
for the location and identification of victims, the removal of symbols and the right to access
archives. However, this law was criticized for setting a merely politicized vision of the promotion
of historical memory, lacking any interest in history and being not about a review, but about
politicization 22 .
regardless of the criticism that arose, the law of Historical memory has not fulfilled its
practical objectives for it has not managed to completely banish either the symbols or
nomenclature of the Franco regime from public places. Perhaps, the most controversial
18 th the Parliament official Gazette, # 448, Series D: GEnErAl, of november 29 , 2002, pages 12 and on.
19 th law 21/2005, of the 17 of november, on the return to the Generality of Catalonia of the documents confiscated
due to the Civil War kept at the Spanish Civil War General Archive and on the inception of the Historical memory
Documentary Center (State official Gazette of november 18th , 2005).
20 th law 24/2006, of the 7 of July, on the declaration of the year 2006 as year of Historical memory (State official
Gazette of July 8th , 2006).
21 th law 52/2007, of the 26 of December, by which are recognized and improved rights and established measures in
favor of those who suffered persecution or violence during the Civil War and the dictatorship (State official Gazette
of December 27th , 2007).
22 th interview with Stanley G. Payne, ABC newspaper, December 17 , 2006, pages 10–12.